This application was initially set down for hearing on the 8th of February 2022. The applicant, then a self-actor, made an application for a postponement on the basis that he had engaged a legal practitioner but had not yet finalised with him. Although the application was opposed, the court granted the application and indicated to him that the matter would proceed on the 11th of February 2022. On that date, the applicant’s legal practitioner appeared and indicated that the Advocate whom they had engaged had advised him that morning that she was unavailable due to ill-health. The court indicated that... More
The applicant is the former registered owner of an immovable property known as a certain piece of land situate in the District of Salisbury called Stand 425 Marlborough Township Extension 2 of Marlborough measuring 6 808 square metres which he held under Deed of Transfer Number 10289/2002 (the property). The property was sold in execution of a judgment debt of US$39, 000.00 and costs of suit granted in favour of the third respondent herein against the applicant and Micromart (Private) Limited (Micromart) on 15 February 2016, under HC 9923/14. The second respondent purchased the property from a Sheriff’s sale. Its... More
This is a court application for a Declaratory Order and Consequential relief made in terms of s 14 of the High Court Act [Chapter 7.06] in which the applicants seek an order couched in the following terms:
That the decision of the second respondent to sell late David Govere’s private property namely Number 52 Hessel Road, Borrowdale, Harare, through a skewed private treaty to an interested party be declared unlawful.
That the Surety Agreement relied upon to regard the late David Govere as a co-principal debtor to COLDRAC Products (Pvt) Limited and the attachment of his personal private property be... More
This is an appeal against an arbitral award.
Appellants’ ground of appeal was that the Arbitrator erred in concluding that the termination of the contract was lawful because the contracts were fixed term contracts that had expired.
The Arbitrator’s term of reference was to determine if the dismissal was unfair. More
Applicant seeks condonation for the late filing of an application for rescission of judgment entered against him in default by this court on 22 September 2017.
He seeks that order on the following averments. He had left Zimbabwe for the United States of America (“USA”) in 1999and had acquired American citizenship. He has not resided in Zimbabwe since then. When summons were issued on 30 June 2017 he was in Afghanistan. He went back to the USA on 17 October 2017. The summons was served at Carrington Avenue, Paradise Park, Marondera where his estranged wife resides. His wife, Georgina Masike,... More
This is an opposed application wherein the applicant seeks the following relief:
“1. 1st, 2nd , 3rd, 4th and 5thRespondents and all persons claiming occupation through
them on Subdivision B of Sandibloom in Headlands Makoni District in
Manicaland Province be and are hereby interdicted from interfering whatsoever
with applicant’s rights of occupation on the farm. More
The plaintiff and the defendant are husband and wife respectively and they married each other in Harare on 7 March 1990 in terms of the Marriage Act [Cap 5:11]. Prior to that the parties had married traditionally on 21 January 1990 and the same marriage was blessed in church on 28 July 1990. The parties have been married for 22 years. More
The appellants are being charged with fraud as defined in s136 or alternatively, forgery as defined in s137(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Their application for bail pending trial was refused by the magistrates court sitting at Chitungwiza on the basis that
1. The circumstances of the case are such that if convicted, no court can consider a non-custodial sentence in circumstances where, this, coupled with the gravity of the offense is likely to induce applicants not to stand trial.
2. The case against them is strong given that the computer seized from first appellants... More
The plaintiff issued summons against the defendant her husband, seeking a decree of divorce and ancillary relief. The plaintiff and the defendant were married in Zimbabwe on 6 January 2007. They had both left Zimbabwe in 2002 and were living in London in the United Kingdom. They only came back to marry in Zimbabwe as the plaintiff’s parents are still living in Zimbabwe and wanted to attend the wedding. More
This opposed application is an application for leave to appeal against the judgment of this court under HH390/21 wherein this court dismissed an application for absolution from the instance for the second time on the same matter after having done so under the main case HC2036/15. More
This matter was placed before me as an application for review.
The applicant raised a number of procedural irregularities related to his suspension and the constitution of the disciplinary authority. It was also alleged that there was a splitting of charges and that the disciplinary authority was biased.
Where procedural irregularities are alleged, the applicant must not only show that there were procedural irregularities, it must be shown that the procedural irregularities were prejudicial to him. Not all procedural irregularities vitiate proceedings see Nyahumav Barclays SC 67/05. It is also settled that even where procedural irregularities are established they may... More
This is an appeal against the whole judgment of the Labour Court (‘the court a quo’) sitting at Harare handed down on 30 July 2021 dismissing the appellant’s appeal against the decision of the disciplinary authority which found him guilty of two counts of misconduct and dismissed him from employment. More
MOYO J: The plaintiffs in this matter issued summons against the defendant claiming from the defendant a sum of $24 380-00 being a balance due in respect of funds that allegedly plaintiffs invested with the defendant around the month of January 2014. Plaintiffs claim that the investment agreement was mutually agreed between the parties and has since been cancelled by the plaintiffs rendering the balance of the invested sum due to them. They have also claimed costs at an attorney and client scale. More
Appellant was employed by Respondent as its Managing Director. During the course of its business, Respondent entered to into a contract with a company styled PME Power Solutions (India) Ltd referred to as PME. The contract was for the design, supply of equipment, construction and commissioning of five (5) 33/11 KVA substations. An external audit carried out showed that there were irregular payments that had been done. Disciplinary action was recommended against the Appellant. More
